Kerala High Court
James M.J vs Benesh @ Jaimon on 20 August, 2010
Author: S. Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
&
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY, THE 3RD DAY OF JANUARY 2014/13TH POUSHA, 1935
MACA.No. 2689 of 2010 ( )
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(AGAINST THE AWARD IN OP(MV)NO. 862/2005 OF ADDL.MOTOR ACCIDENTS
CLAIMS TRIBUNAL, KOTTAYAM DATED 20-08-2010)
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APPELLANT(S)/PETITIONERS:
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1. JAMES M.J.,F/O. DECEASED JILLS JAMES,
MULANCHIRA KUNNEL HOUSE, KATTACHIRA P.O.,
ETTUMANOOR-686 572.
2. GIGI JAMES, MULANCHIRA KUNNEL HOUSE,
KATTACHIRA P.O., ETTUMANOOR-686 572.
3. JEWEL JAMES, B/O.DECEASED MINOR
REPRESENTED BY HIS FATHER JAMES M.J.,
MULANCHIRA KUNNEL HOUSE, KATTACHIRA P.O.,
ETTUMANOOR, AGED 16 YEARS, D.O.B 16-02-1994, PIN-686 572.
BY ADVS.SRI.C.I.ABRAHAM
SRI.JOSE KURIAKOSE (VILANGATTIL)
SMT.BINDU ABRAHAM
RESPONDENT(S)/RESPONDENTS:
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1. BENESH @ JAIMON,S/O. NARAYANAN,
THAIKALLEL HOUSE, KARUMKUNNAM P.O.-685 586.
2. SHEEJA BEEGAM, SURYA MANZIL HOUSE,
MANKAMKUZHY P.O., MAVELIKKARA, ALAPPUZHA-690 558.
3. NEW INDIA ASSURANCE CO.LTD.,
KAYAMKULAM BRANCH REP. BY ITS
DIVISIONAL MANAGER, KOTTAYAM-686 001.
*ADDITIONAL R4 IMPLEADED
*ADDL.R4: UNION OF INDIA, REPRESENTED BY ITS SECRETARY,
MINISTRY OF SURFACE TRANSPORT DEPARTMENT,
CENTRAL SECRETARIAT, NEW DELHI.
*IS IMPLEADED AS ADDITIONAL 4TH RESPONDENT VIDE ORDER
DTD. 31/10/2013 IN M.A.C.A.NO.2689/2010.
R1 BY ADV. SRI.M.S.SAJEEV KUMAR
R3 BY ADV. SRI.A.C.DEVY
ADDL4 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 03-01-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
S. SIRI JAGAN & K. RAMAKRISHNAN, JJ.
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M.A.C.A. No.2689 of 2010
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Dated this the 3rd day of January, 2014
J U D G M E N T
S. Siri Jagan, J The appellants are the parents and brother of deceased Jills James, who died on 22.02.2005 at the age of 7 years, as a result of an accident, caused by the negligent driving of a vehicle, owned and driven by respondents 1 and 2 and insured with the 3rd respondent. The appellants filed the O.P.(M.V.). No.862/2005, before the Additional Motor Accidents Claims Tribunal, Kottayam, claiming compensation for the death of their child. The claim was filed under Section 163(A) of the Motor Vehicles Act. The tribunal, awarded a total compensation of 60,000/-. Dissatisfied with the quantum of compensation awarded by the tribunal, the appellants have filed this M.A.C.A. No.2689 of 2010 2 appeal, seeking enhanced compensation.
2. The contention of the appellants is that, the appellants are entitled to compensation as prescribed in Schedule-II of the Motor Vehicles Act, in which case, the appellants would be entitled to much more than 60,000/- awarded by the tribunal.
3. We have heard the learned counsel for the insurance company also.
4. It is settled law that, in a claim under Section 163(A) of the Motor Vehicles Act, the compensation has to be assessed strictly in accordance with the IInd Schedule of the Motor Vehicles Act. All what the tribunal and this court are expected to do is, to award the compensation stipulated in the Schedule, corresponding to the income of the deceased, deducting 1/3rd therefrom. In this case, the deceased is a child aged only 7 years. Therefore, the child was not an earning member. In the IInd Schedule, for a non earning person, 15,000/- per annum is the income to be M.A.C.A. No.2689 of 2010 3 fixed notionally. The accident in this case was on 22.02.2005, 15,000/- was fixed in 1994. Taking into account these aspects, we are inclined to take the notional annual income of the deceased child as 18,000/-. The compensation stipulated in the IInd Schedule, corresponding to the income of 18,000/- per annum is 3,60,000/-. When 1/3rd is deducted therefrom, the compensation due to the appellants for the death of their child would be 2,40,000/-. To the same, funeral expenses of 2,000/- and loss of estate of 2,500/- have to be added. Adding together, the total compensation due to the appellants on account of the death of Jills James would be 2,44,500/-. The tribunal has awarded only 60,000/-. After deducting that amount, the appellants would be entitled to additional compensation of 1,84,500/-, over and above what has been awarded by the tribunal. This amount would carry interest at the rate of 9% per annum from the date of the claim petition, till date of payment. The 3rd respondent insurance company is directed M.A.C.A. No.2689 of 2010 4 to deposit this amount also within two months.
With the above modification of the impugned award of the tribunal, the appeal is disposed of.
Sd/-
S. Siri Jagan, Judge Sd/-
K. Ramakrishnan, Judge // True Copy // P.A. to Judge ss